innocence

Weakening US Criminal Case, VA Turns Down Jailed Wisc Vet’s PTSD Claim

by Michael Leon (via mal contends)

Madison, Wisconsin —Vietnam-era Navy veteran Keith Roberts (1968-71) is an honorably discharged Navy airman who feels betrayed by his government, specifically the U.S. Dept of Veterans Affairs (VA) and the U.S. Dept of Justice, for its self-conscious and successful efforts to financially ruin and imprison him.

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Kentucky Paper Runs Piece on Jailed Wisconsin Veteran

The Kentucky News-Enterprise has a piece this week on jailed Wisconsin veteran, Keith Roberts.

Sister takes up brother’s fight for freedom

By JOSHUA COFFMAN

RADCLIFF —Sally Harrod is crunching numbers that stretch beyond her job as an accountant. She oversees a legal fund for her brother in two legal cases regarding benefits he sought as a Navy veteran.

Keith Roberts, 60, is in a Minnesota federal prison, convicted of fraudulently receiving electronic funds from the department of Veterans Affairs. ...

Harrod, her family members and other veterans’ advocates ... fear the VA sought retribution against Roberts for seeking decades of back pay for post-traumatic stress disorder and criticizing the agency’s slow response to approve or deny his medical claims. ...

And, once it is all settled, she hopes her family can help veterans in similar situations.

“It’s unbelievable to all of them,” she said. “If they can do it to my brother, they can do it to anyone at any time.”

 

Jailed Wisc Vet out of Solitary, Elderly Parents Pray for Visit with Son Before Their Death

Today is the innocent and jailed Wisconsin Navy veteran Keith Roberts' birthday.

And Roberts (1968-71) is celebrating it back in the general population in a federal prison in Minnesota, as his wife reports that he has been released from solitary confinement, and is working on a supplemental brief, ordered to be filed with the Court of Appeals for the Seventh Circuit, while Roberts' parents, who are in their 80s and unable to travel to Minnesota, hope to see their son before they die.

Writes Mrs. Roberts in an e-mail:

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Jailed Wisconsin Veteran Sent to Solitary Confinement, Seeks Help

An innocent and reportedly depressed Navy Airman Keith Roberts (1968-71) suffering from Post Traumatic Stress Disorder (PTSD), and serving a four-year sentence for wire fraud since March 2007, has for reasons unclear been moved and caged in solitary confinement in a federal prison in Minnesota for almost a month, according to the veteran's wife.

Roberts was targeted by the US Dept of Veterans Affairs (VA) in 2003-05, and became the central figure in an Alice-in-Wonderland tale, after U.S. Attorney Stephen Biskupic of Wisconsin and top VA officials schemed to convict Roberts’ of fraudulently receiving VA benefits (by wire transfer as the VA requires).

Despite hostility from high quarters of the VA, Roberts may be again granted the benefits for which he is federal prison for receiving.

U.S. Atty Biskupic is the same U.S. Atty who infamously prosecuted an innocent Wisconsin woman in a political prosecution, and several innocent Wisconsin citizens for voter fraud in apparent service to the electoral needs of the national GOP.

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Jailed Wisconsin Navy Veteran May Get Win

Via Mal Contends -

[- Accessing oral arguments. [Enter 07-1546 in the Case Number's fields by entering 07 in the "Year," and entering 1546 in the "Year Fragment's" field. Give the file some 45 seconds at least to load.]

Navy veteran Keith Roberts (1968-71) is serving a four-year sentance for wire fraud for trying to help save his buddy, Florida native Airman Gary Holland, from being crushed to death by a C-54 airplane while stationed at a Naval air base in Naples, Italy in 1969. The government says he lied, and that his diagnosed Post Traumatic Stress Disorder (PTSD) is based on lies.

Roberts is appealing.

Using one’s perceptions of the ideology, judicial integrity and past rulings of a three-judge panel as a means of predicting a ruling on a criminal appeals case is akin to a 16-year-old guy guessing the outcome of a first date with a 16-year-old girl: Conjecture seems a useless enterprise, and surprises and unpredictability are the rule.

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Bama’ Rep Blasts DoJ, Singles out Biskupic

U.S. Rep. Artur Davis (D-AL) has had enough of the politicized prosecutions of the Bush/Rove Department of Justice.

Davis, a three-term congressman and member of the House Committee on the Judiciary, has taken up the cause of former Alabama governor Don Siegelman (D), roundly criticizing the DoJ prosecutions of him (one prosecution was dismissed) and calling for a Congressional investigation.

The bizarre conviction of Siegelman this year is drawing nationwide condemnation as a political prosecution engineered by Karl Rove, similar to the prosecution of the innocent Wisconsin state worker Georgia Thompson, now exonerated.

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Jailed Wis Vet Makes Due Process, Evidence Arguments in Appeal

Vietnam-era veteran Keith Roberts who is serving 48 months on trumped-up charges of federal wire fraud has filed his brief before the Court of Appeals for the Seventh Circuit.

The case is entitled No. 07-1546 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KEITH A. ROBERTS, Defendant-Appellant, (On Appeal from the United States District Court for the Eastern District of Wisconsin).

The brief makes due process and insufficient-evidence arguments.

The listed arguments include:

I. The District Court Erred in Denying the Appellant's Motions to Dismiss, as the Court's Exercise of Jurisdiction Constituted a Denial of the Appellant's Right to Due Process, Due to the Pending Appeal Before the United States Court of Appeals for Veterans Claims.

II. The Evidence Presented at Trial Was Insufficient to Sustain a Conviction for Wire Fraud.

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NYT: Give Jailed Former Alabama Dem Gov. Same Check as Georgia Thompson

The outlandish conviction and imprisonment of former Alabama governor Don Siegelman this year is drawing widespread condemnation as a political prosecution engineered by Karl Rove.

The New York Times is calling for a judicial and political examination that would free the wrongfully imprisoned Siegelman, just as the US Court of Appeals for the Seventh District freed and exonerated Wisconsin’s Georgia Thompson.

Some highlights from today’s Times editorial:

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Fighting the US DoJ and the VA in Two Courts at Once

- via MAL Contends  
On Monday, June 25, Vietnam-era veteran Keith Roberts who is serving 48 months on trumped-up charges of federal wire fraud received some good news.

In Roberts’ case before the U.S. Court of Appeals for Veterans Claims (CAVC) (Roberts v. Secretary of the VA (05-2425)), Roberts had just been granted a motion to add to the record an important supplemental brief.

But Roberts is fighting his legal battle not just against the Department of Veterans Affairs (VA), but also the U.S. Department of Justice in two different courts and two different cases simultaneously on the same factual and legal dispute.

On Friday, June 29, Roberts is filing his criminal brief before the U.S. Court of Appeals for the Seventh Circuit (U.S. v. Roberts, U.S. District Court for the Eastern District of Wisconsin, Docket 05-CR-118).

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US Atty Biskupic and VA Defied US Law to Convict Wisconsin Veteran

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by Michael Leon, via MAL Contends

Madison, Wisconsin—In this Karl Rove/Dick Cheney age of politics when the governmental machinery is so politicized that Richard Nixon seems a progressive reformist by comparison, it’s not surprising to find the United States Department of Justice ravaging a Vietnam-era veteran diagnosed with Post Traumatic Stress Disorder (PTSD).

But many veterans charge the peculiar case of US v. Roberts is a disgraceful miscarriage of justice even by the contemporary swift-boating standards of the Bush administration.

Post Traumatic Stress Disorder (PTSD)

In June of 1999, Airman Keith Roberts (1968-71) was granted a disability rating by the US Veterans Administration (VA) after a 12-year, excruciating benefits claim process to which the honorably discharged American veteran from the northern town of Gillett, Wisconsin was subjected.

Roberts had been diagnosed with (PTSD) years after he witnessed a fellow airman killed in a gruesome C-54 aircraft crushing death of fellow Airman Gary Holland in 1969 while on “line duty” at a Naval Air Facility in Naples, Italy, and later in the same year was assaulted by the Navy Shore Patrol and forcefully hospitalized.

Roberts believed that negligence caused Holland’s death and that the Navy then covered it up, blaming the dead rookie Holland who could not defend himself.

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